After Murder, a Second Chance

Early next week, the New York State Board of Parole will hear the petition of Judith Clark, who has spent 35 years in prison for her role in the 1981 robbery of a Brinks armored car in Rockland County that resulted in the murder of two police officers and a guard.

Ms. Clark was sentenced to a minimum of 75 years, the harshest punishment available, even though, as a getaway driver, she was not at the scene of the crime. Now 67, she was certain to die in prison — until Gov. Andrew Cuomo in December commuted her sentence to 35 years, making her eligible for parole immediately.

Mr. Cuomo met privately with Ms. Clark before making what he knew would be a very controversial decision, particularly among police unions and other law enforcement groups. In the end, he was impressed with her unconditional remorse, her acceptance of responsibility for the crime, the wide range of supporters urging her release, and the positive work she has done while behind bars, like establishing educational programs for fellow inmates.

“We call it the correction system,” Mr. Cuomo said. “I think the situation is corrected as it is ever going to be, unless you can bring a person back to life.”

In addition to Ms. Clark’s sentence, Mr. Cuomo commuted the lengthy terms of four other people convicted of murder or manslaughter. These grants serve as an important reminder that while the fact of a crime never changes, the person who commits it can.

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Mr. Cuomo’s grants also point to an uncomfortable truth about criminal justice reform efforts: The issue of violent crime is too often left out of the debate. It’s easier to show mercy to nonviolent offenders, as President Barack Obama did in granting sentence commutations overwhelmingly to those convicted of low-level drug crimes. But reform must also focus on violent offenders, who make up a majority of state prisoners, and who serve the longest sentences.

Executive clemency is one way to alleviate harsh punishments, but it’s always dependent on the whims of a given governor or president. Parole can be a more reliable way of determining whether an inmate is ready for release. Parole, if used properly, can offer prisoners an incentive to be productive in the time spent behind bars. But too often, the possibility of getting parole is a mirage.

In New York, the Parole Board has long placed too much weight on the nature of the original offense, and not enough on the efforts of the prisoner to atone and improve his or her life. Some Parole Board members continue to take this unfair approach even after state lawmakers clarified the factors they must consider, like how much public-safety risk an inmate would pose if released.

Mr. Cuomo’s grants of clemency should be a sign to board members that part of their job is to give deserving people a second chance if they show that they have changed and grown in prison.

If the Parole Board decides to grant Ms. Clark’s request for release, she may live the rest of her life in freedom. While there is sure to be resistance from the victims’ families, it is the right thing to do.